Results 1 to 19 of 19

Thread: OC'ing while at my Brothers place. But he has a felony...

  1. #1
    Regular Member gunguy2009's Avatar
    Join Date
    Oct 2009
    Location
    Janesville, Wisconsin, USA
    Posts
    200

    OC'ing while at my Brothers place. But he has a felony...

    I want to swing by my Moms/brothers house later and OC while I do some yard work for my Mom. But my brother has a felony for a non-violent offense. Can I still carry there?

  2. #2
    Regular Member CalicoJack10's Avatar
    Join Date
    Dec 2010
    Location
    Arbor Vitae
    Posts
    559
    Thats kind of touchy. You can not have a firearm readily accessable to a felon, no matter what the felony is for. I would say that since it is his legal residence, I would not do it. That is one of those better safe than sorry kinda things. I don't know of anything that says one way or another, but I would say that you should just skip it while you are there just to save yourself the hassle.

    Again, i don't know for sure how the cops would view it, but there is my opinion anyway.
    I am Calico Jack,,,, And I approve this message!
    (Paid for by the blood of patriots, and Calico Jack Defense)
    Calico Jack Defense

  3. #3
    Regular Member gunguy2009's Avatar
    Join Date
    Oct 2009
    Location
    Janesville, Wisconsin, USA
    Posts
    200
    Just got off the phone with Rock Co. Sheriffs Dept. and she is trying to reach a Deputy Supervisor and give a call back. So as soon as I hear from them, I will let you guys know what they said...

  4. #4
    Regular Member gunguy2009's Avatar
    Join Date
    Oct 2009
    Location
    Janesville, Wisconsin, USA
    Posts
    200
    They just called, didnt expect so soon... But the officer said without knowing the conditions of his felony, he said it would probably best not to because you wouldn't want to cause him to be in any violation. It's not a definite Yes or No, but I'm not going to Push it. Lol

  5. #5
    Moderator / Administrator Grapeshot's Avatar
    Join Date
    May 2006
    Location
    North Chesterfield, Va.
    Posts
    34,616
    I do not see a problem with carry in the vicinity of a convicted felon. You likely do that every time you go out in public.

    IMO - as long as you retain personal possession of the gun and do not allow "constructive possession" ( i.e. laying the gun down on a table and walking away) you are good to go.

    Also do NOT recommend asking LEOs for legal opinions.
    You will not rise to the occasion; you will fall back on your level of training. Archilochus, 650 BC

    Old and treacherous will beat young and skilled every time. Yata hey.

  6. #6
    Regular Member gunguy2009's Avatar
    Join Date
    Oct 2009
    Location
    Janesville, Wisconsin, USA
    Posts
    200
    Yeah, I know asking LEO's isn't the best option. When I very first started OC'ing, I called Beloit PD and spoke to an Officer that told me is what Flat out illegal in every way. I knew that was b.s. so I called a different officer and he told me a lot of helpful info. It's all who you talk too... The first guy was obviously against it and gave me false info.

  7. #7
    Regular Member Badger Johnson's Avatar
    Join Date
    Jan 2011
    Location
    USA
    Posts
    1,217
    Apparently it's legal for a LEO to give false information at any time.

  8. #8
    Moderator / Administrator Grapeshot's Avatar
    Join Date
    May 2006
    Location
    North Chesterfield, Va.
    Posts
    34,616
    Quote Originally Posted by Badger Johnson View Post
    Apparently it's legal for a LEO to give false information at any time.
    Not in court
    You will not rise to the occasion; you will fall back on your level of training. Archilochus, 650 BC

    Old and treacherous will beat young and skilled every time. Yata hey.

  9. #9
    Regular Member grinner's Avatar
    Join Date
    Jun 2010
    Location
    Pewaukee, WI
    Posts
    101
    It's illegal for a felon to possess a firearm. Not illegal for you to possess a firearm in their presence.

    It's really easy to look this up. There's no need to speculate.

    legis.wisconsin.gov/statutes/Stat0941.pdf

    Definition of possess according to an annotation in 941.29: "In this section, to possess means that the defendant knowingly has control of a firearm. There is no minimum length of time the firearm must be possessed for a violation to occur."

    So just don't allow your felon friend to have control of the firearm for even an instant. Keep it holstered and don't let him touch it.

  10. #10
    Regular Member AaronS's Avatar
    Join Date
    May 2009
    Location
    Milwaukee, Wisconsin, USA
    Posts
    1,497
    Quote Originally Posted by Grapeshot View Post
    I do not see a problem with carry in the vicinity of a convicted felon. You likely do that every time you go out in public.

    IMO - as long as you retain personal possession of the gun and do not allow "constructive possession" ( i.e. laying the gun down on a table and walking away) you are good to go.

    Also do NOT recommend asking LEOs for legal opinions.

    I would have to agree 100% with your thoughts on this. I see no problem at all, as long as you keep the gun on your person. It is a matter of true law, not what the LEO's want to be law.
    In the end, it is your choice.

  11. #11
    Regular Member Motofixxer's Avatar
    Join Date
    May 2010
    Location
    Somewhere over the Rainbow
    Posts
    974
    While it's true that the felon can't have possession. So basically someone else can have possession in their presence. There are other issues that can also come into play. There are parole or probation contracts that many times state that the residence of the felon can't have certain items on the premises. So you can accidentally put the felon in a bad situation. If his contract states no alcohol or firearms on the premises, then he has a problem, not you. Like one felon I talked to was told by his PO. The PO has no control over the other people there, he does have control of the felon. I seen the rules contract the felon signed. So I respect the issue and won't carry there. Anywhere else is ok, but not at the residence.
    Click Here for New to WI Open Carry Legal References and Informational Videos--- FAQ's http://Tinyurl.com/OpenCarry-WI

    The Armed Badger A WI site dedicated to Concealed Carry in WI

    "To disarm the people... was the best and most effectual way to enslave them." -- George Mason, Speech of June 14, 1788

    http://Tinyurl.com/New-To-Guns to DL useful Info

  12. #12
    Regular Member gunguy2009's Avatar
    Join Date
    Oct 2009
    Location
    Janesville, Wisconsin, USA
    Posts
    200
    I agree, but at the same time, Im going to have to say No. If for some reason there is one hidden aspect of something we didnt see, and a cop finds it, Now I just sent my brother to prison over something that was thought to be safe. Its an awefully big risk Im not going to take!

  13. #13
    Regular Member Badger Johnson's Avatar
    Join Date
    Jan 2011
    Location
    USA
    Posts
    1,217
    Quote Originally Posted by Grapeshot View Post
    Not in court
    Oh?

    http://www.pixiq.com/article/marylan...illance-camera

    Excerpt:
    "Last week, a jury found Hoffman not guilty of perjury, proving once again that cops have a license to lie."

  14. #14
    Regular Member
    Join Date
    Nov 2010
    Location
    West Texas
    Posts
    596
    In this case, you wouldnt be able to carry around politicians either!
    Im sure you carry around more felons than your aware of. "Have you ever seen a WalMart employee"? Ever wonder why the cooks at McDonalds look so sleezy?

  15. #15
    Regular Member hardballer's Avatar
    Join Date
    Jul 2009
    Location
    West Coast of Wisconsin
    Posts
    925
    My screw-up, jail bird, druggie brother-in-law could not be in the presence of a firearm. Period.
    Hokey religions and ancient weapons are no match for a good blaster at your side, kid. Han Solo

    http://buffaloholstercompany.blogspot.com/ Concealment holsters IWB, SOB, and belt slide. Open Carry too. New from Buffalo Holster, Women's holsters for concealment and or belt carry.

  16. #16
    Regular Member oliverclotheshoff's Avatar
    Join Date
    Aug 2010
    Location
    mauston wi
    Posts
    849
    there was talk in here a while ago about this same subject but the felon i speak of had stipulations in his or her parole worded so that he or she could not be in the pressence of a firearm at all i dont remember all the details on it if you did a search im sure you could find it
    SCOTT

    "When guns are outlawed only outlaws will have guns"

    "When seconds count police are minutes away"

    "Dialing 911 only takes seconds but waiting for help may take the rest of your life"

    http://g2-elite.com/phpbb/index.php Shed Hunting

  17. #17
    Regular Member GlockRDH's Avatar
    Join Date
    Sep 2010
    Location
    north of the Peoples Republic of Madison
    Posts
    626
    That makes me wonder again about the definaition of 'posession'...theres nothign that Gander mtn does to make sure that those 'asking to look at' a handgun in the display case are not felons...the gun is removed and handed to the person...

  18. #18
    Regular Member oliverclotheshoff's Avatar
    Join Date
    Aug 2010
    Location
    mauston wi
    Posts
    849
    Quote Originally Posted by GlockRDH View Post
    That makes me wonder again about the definaition of 'posession'...theres nothign that Gander mtn does to make sure that those 'asking to look at' a handgun in the display case are not felons...the gun is removed and handed to the person...
    thats is an interseting thing to think of im sure someone will chime in on it
    SCOTT

    "When guns are outlawed only outlaws will have guns"

    "When seconds count police are minutes away"

    "Dialing 911 only takes seconds but waiting for help may take the rest of your life"

    http://g2-elite.com/phpbb/index.php Shed Hunting

  19. #19
    Regular Member
    Join Date
    Oct 2008
    Location
    , ,
    Posts
    223
    Nothing wrong as long as it's in your holster. Is it illegal for LE to be near felons with their guns? Is it wrong to have a gun for self defense when a criminal is in your home? Do you keep a firearm in your possession for craigs list transactions knowing the person could be a felon? What if you didn't know the person was a felon? What if you invite co-workers over for a bbq and don't know someone is a felon or if 1 is? The list goes on and on.

    The part that is important is that you never allow access of it to him. When you walk around a store I'm sure you pass felons every day.

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •